Hava Dev Singh vs State Of Rajasthan And Ors

Mr. Bijarnia, learned counsel for the petitioner, submits that the issue involved in the present writ petition is squarely covered by a decision dated 28.01.2020, passed by this Court in SB Civil Writ Petition No.276/2020 : Rajesh Kumar Vs. State of Rajasthan & Ors.

Mr. Arora, learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.

For the purpose of clarity and ready reference operative portion of the judgment in the case of Rajesh Kumar (supra) is reproduced hereunder :

True it is, that petitioner's certificate dated 14.08.2019 showed his status as 'OBC - creamy layer'. It is also apparent from the record that the same was issued as a result of inadvertent error, that too on the part of Sub Divisional Magistrate, Anoopgarh. It is also on record that the petitioner has been issued another certificate dated 23.12.2019, showing his status as an OBC - non-creamy layer.

Reservation is available to a candidate belonging to 'OBC - non-creamy layer'. Petitioner's status as OBC - non-creamy layer is not in dispute at all. His only predicament is that he was issued an incorrect certificate on 14.08.2019, by the Sub Divisional Magistrate concerned, which he realized only when he failed to secure a berth in the select list.

Petitioner is now having a certificate dated 23.12.2019, which evinces that he is a candidate belonging to 'OBC - non-creamy layer' category. Even his other certificate issued on 27.08.2019 depicts his correct status. Both the certificates were issued in pursuance of one application. Petitioner's entitlement as OBC - non-creamy layer candidate is beyond any shred of doubt. He cannot be penalized for the fault of the authority who had issued an incorrect certificate. His fault was only that he did not check the certificate when it was issued.

In the opinion of this Court, stripping the petitioner of his selection is too harsh and disproportionate penalty for his small slip-up of not verifying the caste certificate before hand."

In view of the above and while following the aforesaid judgment in the case of Rajesh Kumar (supra), the writ petition succeeds. The respondents are directed to treat petitioner as an OBC - non-creamy layer candidate and consider her candidature accordingly. In case, she finds place in the merit list, she be accorded appointment subject of course to fulfillment of other eligibility criteria.

Needful be done within a period of two weeks from today.

The petitioner shall be given appointment only in the event of availability of vacancy in her category.

The stay application also stands disposed of.